Abstract

http://ssrn.com/abstract=1128144
 
 

Footnotes (226)



 


 



Law after the Welfare State: Formalism, Functionalism and the Ironic Turn of Reflexive Law


Peer C Zumbansen


Dickson Poon School of Law - King's College London


CLPE Research Paper No. 13/2008
American Journal of Comparative Law, Vol. 56, 2008

Abstract:     
This paper analyzes the contemporary emergence of neo-formalist and neo-functionalist approaches to law-making at a time when the state is seeking to reassert, reformulate and reconceptualize its regulatory competence, both domestically and transnationally. While the earlier turn to alternative regulation modes, conceptualized under the heading of "legal pluralism," "responsive law," or "reflexive law" in the 1970s and 1980s, had aimed at a more socially responsive, contextualized, and ultimately learning mode of legal intervention, the contemporary revival of functionalist jurisprudence and its reliance on "social norms" embraces a limitation model of legal regulation. After revisiting the Legal Realist critique of Formalism and the formulation of functionalist regulation as a progressive agenda, this paper compares the American and German experiences with the rise of the social interventionist state in order to ask where law stands "after the welfare state" at the outset of the twenty-first century.

Number of Pages in PDF File: 43

Keywords: neo-formalism, neo-functionalism, law-making, legal regulation, rule of law, welfare state, responsive law, reflexive law

JEL Classification: K10, K33, K40

Accepted Paper Series





Download This Paper

Date posted: May 4, 2008 ; Last revised: October 29, 2014

Suggested Citation

Zumbansen, Peer C, Law after the Welfare State: Formalism, Functionalism and the Ironic Turn of Reflexive Law. CLPE Research Paper No. 13/2008; American Journal of Comparative Law, Vol. 56, 2008. Available at SSRN: http://ssrn.com/abstract=1128144

Contact Information

Peer C Zumbansen (Contact Author)
Dickson Poon School of Law - King's College London ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 3,536
Downloads: 626
Download Rank: 23,270
Footnotes:  226

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.281 seconds